K-3/K-4 Nonimmigrant Visas

Navigating the immigration process can feel overwhelming, especially as you wait to reunite with your spouse and children. The K-3 and K-4 nonimmigrant visas help U.S. citizens who have filed Form I-130. This petition is for their foreign spouse. These visas allow families to reunite in the U.S. sooner. These visas allow spouses and eligible children to enter the U.S. while the case is pending. This minimizes the time families spend apart.

K-3 Visa for Spouses and K-4 Visa for Children

The K-3 visa is a nonimmigrant visa for spouses of U.S. citizens. It allows them to come to the U.S. while their immigrant visa is being processed. The K-4 visa is specifically designed for the children of K-3 visa applicants. In turn, it allows them to accompany their parents to the U.S. Moreover, the K-3 and K-4 visas help reduce the separation time for families waiting for Form I-130 approval. Consequently, this allows them to start building their lives together sooner.

Eligibility Requirements for K-3 and K-4 Visas

To be eligible for a K-3 visa, the foreign spouse must:

1. Be married to a U.S. citizen.
2. Be the beneficiary of a pending Form I-130, Petition for Alien Relative, filed by the U.S. citizen spouse.
3. Be residing outside the United States at the time of application.

For children to be eligible for a K-4 visa, they must:

1. Be under 21 years of age.
2. Be unmarried.
3. Be the child of a K-3 visa applicant.

The U.S. citizen spouse must first file Form I-130, Petition for Alien Relative. To qualify the foreign spouse and eligible children for K-3 and K-4 visas, you must submit Form I-129F, Petition for Alien Fiancé(e), after receiving the receipt notice.

Benefits of the K-3 and K-4 Visas

• Reduced Separation Time: The K-3 and K-4 visas offer significant advantages for families. These visas help reunite families sooner while they await final approval of immigrant visas.
• Work Authorization: K-3 and K-4 visa holders may apply for employment authorization to work in the United States. This allows them to work while their green card applications are processed.
• Family Unity: The K-4 visa offers the benefit of bringing children with the K-3 visa holder. This ensures that dependent children can accompany their parents to the United States. It helps keep the family together during the immigration process.

Period of Admission and Extensions of Stay for K-3 and K-4 Visas

• K-3 Visa Extension: K-3 visa holders can stay in the United States for two years, with extensions granted in two-year increments if the immigrant petition is still pending.
• K-4 Visa Period of Admission: K-4 visa holders can stay for two years or until their 21st birthday, whichever comes first. USCIS may grant extensions in two-year increments, but the K-4 status expires when the child turns 21.

To extend the stay, K-3 and K-4 visa holders must file Form I-539, Application to Extend/Change Nonimmigrant Status, within 120 days before the authorized stay expires. USCIS grants extensions if Form I-130, Form I-485, or an immigrant visa application is pending.

Employment and Travel Authorization for K-3 and K-4 Visa Holders

K-3 and K-4 visa holders automatically receive authorization to work in the United States based on their status, ensuring a straightforward K-3 visa work permit process. To obtain evidence of employment authorization, they may file Form I-765, Application for Employment Authorization. Additionally, K-3 and K-4 visa holders can travel temporarily outside the U.S. and use their visas to re-enter the country, provided the visa is still valid, ensuring travel authorization for K-4 visa holders.

Applying for a Green Card: K-3 Visa to Green Card Process and K-4 Visa Green Card Eligibility

Once USCIS approves their Form I-130, K-3 and K-4 visa holders can apply for a green card, initiating the K-3 visa to green card process or confirming K-4 visa green card eligibility. They may file Form I-485, Application to Register Permanent Residence or Adjust Status, even while the Form I-130 is still pending. The K-3 visa holder may only apply for a green card based on their marriage to the U.S. citizen spouse who petitioned for their K-3 status, while K-4 visa holders can apply based on the step-parent/step-child relationship.

Conditional Permanent Residence

If a K-3 visa holder has been married to a U.S. citizen spouse for less than two years at the time Form I-485 is approved, they will receive conditional permanent residence valid for two years. To remove these conditions, the K-3 visa holder and their U.S. citizen spouse must file Form I-751, Petition to Remove Conditions of Residence, within 90 days before the green card expires.

Automatic Termination of K-3/K-4 Status

The K-3 or K-4 status will automatically terminate 30 days after any of the following events:

• USCIS denies or revokes the Form I-130 filed for the applicant.
• USCIS denies the applicant’s Form I-485.
• The Department of State denies the applicant’s immigrant visa application.
• The marriage to the U.S. citizen petitioner ends through divorce or annulment (for K-3 visa holders).
• The K-4 visa holder turns 21 or marries before becoming a lawful permanent resident.

Why Choose Us for Your K-3/K-4 Visa Application? K-3 Visa Attorney in Ocala, Florida

Navigating the visa application process requires expertise and attention to detail. At the Law Offices of Osas Iyamu, LLC, we understand the importance of keeping your family together and aim to streamline the process as much as possible. Immigration Attorney Osas Iyamu guides you through every step, ensuring you file your paperwork correctly and meet all deadlines.

Ready to Get Started?

If you are considering the K-3 or K-4 visa for your spouse and children or have questions about the process, our team is here to help. Please schedule an Immigration consultation today, and let’s work together to reunite your family.